A.RAJA Vs. J.K.MADHU

JUDGEMENT

(1.) THE defendant in O.S.No.190 of 2003 on the file of the District Munsif, Krishnagiri, who suffered a decree in the said suit for specific performance, after unsuccessfully prosecuting an appeal in A.S.No.46 of 2007 before the Principal Subordinate Judge, Krishnagiri, has approached this Court with the present second appeal.

(2.) THE suit was filed by the respondent herein for the relief of specific performance based on a registered agreement for sale dated 26.11.2001. It was contended by the respondent herein in his plaint that the appellant herein agreed to sell the suit properties to the respondent herein for a sum of Rs.30,000.00, received a sum of Rs.25,000.00 as advance and part payment of the consideration and executed the suit sale agreement agreeing to execute a sale deed on receipt of Rs.5,000.00 being the balance amount of sale consideration within two years from the date of the suit sale agreement. It was the further contention of the respondent herein that though he was ready and willing to make payment of the balance sale consideration and get the sale deed executed and registered in his name, the appellant herein evaded performing his part of the contract which necessitated the issuance of a pre-suit notice dated 11.08.2003 calling upon the appellant herein to receive the balance amount of sale consideration and execute the sale deed at the cost of the plaintiff on or before 20.08.2003; that the said notice was not replied and the demand made therein was not complied with and on the other hand, the appellant herein had chosen to file a caveat in Ceveat O.P.No.87 of 2003 on the file of the trial Court and that hence he was constrained to file the suit for specific performance.

(3.) NECESSARY issues were framed by the trial Court and in the trial, including the plaintiff, three persons were examined as Pws 1 to 3 and 6 documents were marked as Exs.A1 to A6 on the side of the respondent herein / plaintiff. The defendant figured as the sole witness (DW1) on his side and no document was produced on his side.